Daniel Guggenheim Quoted in Healthcare Risk Management Article About New HIPAA Privacy Rule to Support Reproductive Health Care Privacy
Daniel Guggenheim, a Quarles & Brady partner in the Health & Life Sciences Practice Group, was quoted in a Healthcare Risk Management article discussing the new HIPAA Privacy Rule and its impact on reproductive health care privacy following the Dobbs decision to overturn Roe v. Wade. The rule, introduced by the U.S. Department of Health and Human Services (HHS), aims to protect reproductive health information from being shared in investigations or penalty purposes.
An excerpt:
Health and Human Services (HHS) published the rule to prohibit the use or disclosure of protected health information (PHI) related to lawful reproductive healthcare in certain circumstances, explains Daniel Guggenheim, JD, partner with the Quarles law firm in San Diego. HHS said that the Final Rule responds to public concern following the Dobbs decision that overturned Roe v. Wade about the need to protect patient confidentiality and to prevent the use of medical records to identify, investigate, or punish people for providing or obtaining lawful reproductive healthcare.
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Furthermore, it must determine whether the investigation, imposition of liability, or identification of an individual is for the mere act of seeking, obtaining, providing, or facilitating reproductive healthcare, Guggenheim says. If the reproductive healthcare was unlawful and is not protected by federal law, the requested information may be used or disclosed to the extent permitted by existing HIPAA requirements, he says.